Petition for Modification
In the matter of
Cyprus Emerald Resources, Corporation
Emerald No. 1 Mine
I.D. No. 36-05466
Docket No. M-2000-142-C
30 CFR 75.507
PROPOSED AMENDED DECISION AND ORDER
On October 5, 2000, a petition was filed seeking to amend a modification of the application of 30 CFR 75.507 to Petitioner's Emerald No. 1 Mine, located in Greene County, Pennsylvania. By filing this petition, Petitioner seeks to extend the use of submersible pumps, as set fourth in petition Docket No. M-96-096-C, from the No. 3 bleeder shaft in the Emerald Mine No. 1 to the No. 3 and 4 bleeder shafts and all future return and/or bleeder shafts in the Emerald Mine No. 1. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Amended Proposed Decision and Order is issued. Once it becomes final it will supercede petition Docket No. M-96-096-C that was granted February 6, 1997.
Finding of Fact and Conclusion of Law
The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA investigators) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.507.
On the basis of the petition and the findings of MSHA's investigation, Cyprus Emerald Resources Corporation is granted a modification of the application of 30 CFR 75.507 to its Emerald No. 1 Mine.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Cyprus Emerald Resources Corporation's Petition for Modification of the application of 30 CFR 75.507 in the Emerald No. 1 Mine is hereby:
GRANTED, for submersible pumps installed in the No. 3 and 4 bleeder shafts and No. 6 return shaft and all future return and/or bleeder shafts in the Emerald Mine No. 1, conditioned upon compliance with the following terms and conditions:
1. The 480-volt three-phase alternating-current electric power circuit for the pump shall be designed and installed to:
(a) Contain either a direct or derived neutral which shall be grounded through a suitable resistor at the source transformer or power center, and a grounding circuit originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as the grounding conductor for the frame of the pump and all the associated electric equipment that may be supplied power from this circuit. No other electric equipment shall be supplied power from this circuit.
(b) Contain a grounding resistor which limits the ground-fault current to not more than 15 amperes. The grounding resistor shall be rated for the maximum fault current available and shall be insulated from ground for a voltage equal to the phase-to-phase voltage of the system.
(c) Be provided with protection by a suitable circuit breaker of adequate interrupting capacity with devices to provide protection against undervoltage, grounded phase, short-circuit, and overload.
(d) Contain a disconnecting device installed in conjunction with the circuit breaker to provide visual evidence that the power is disconnected.
(e) Include a fail-safe ground check circuit or other no less effective device approved by the Secretary as required by 30 CFR 75.902, which shall cause the circuit breaker to open when either the ground or pilot wire is broken.
2. The electric control circuit for the pump shall be designed and installed to:
(a) Maintain the electric connections of the pump and pump motor under 3 feet of water at all times.
(b) Automatically deenergize the pump motor when the water level falls below 3 feet at the pump location.
(c) Prevent the restarting of the pump motor at any time the water level is below 3 feet at the pump location.
(d) Test the grounded-phase protective circuit by injecting a test current through the grounded-phase current transformer.
3. The pump installation shall be equipped with a water level indicator located at the pump electric controls such that a miner can determine the water level at the pump location prior to restarting the pump motor.
4. The monthly examination of electric equipment as required by 30 CFR 77.502 shall include a functional test of the grounded-phase protective device(s) to determine proper operation. A record of these functional tests shall be recorded in the approved examination of electric equipment record books.
5. Within 60 days after this Petition for Modification is granted, the Petitioner shall submit proposed revisions for their approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager for the area in which the pump and pump electric controls are located. These proposed revisions shall specify task training for all qualified mine electricians who will perform electric work and monthly electric examinations as required by 30 CFR 77.502. This training shall include the following elements:
(a) Training in the hazards that would exist when the water level falls below the electric connections of the pump and pump motor in the borehole;
(b) Training in safe restart procedures which shall include the miner determining that the water level is 3 feet above the electric components and pump motor prior to attempting to manually restart the pump motor.
The procedures of 30 CFR 48.3 for approval of proposed revisions to already approved training plans shall apply.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days, a request with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health